(3) The minor and his parents gave their consent to the interrogation during the night, Provided that the interrogation of the minor will not be possible due to their aforementioned consent after the hour 00:00."
If so, an authorized officer may order a deviation from this limit, in a reasoned written decision, when the offense that the minor is suspected of committing was committed close to the date of his arrest, or if the officer is convinced that the postponement of the investigation is liable to disrupt an investigation that relates to an offense of the type of felony.
Given the fact that we are interested in a dubbing operation, as opposed to an interrogation or frontal questioning within the station compound, and it is only reasonable that such an interrogation exercise will take a long time (sometimes days and nights), when, for the most part, it is not possible to predict in advance its development and duration (which naturally takes place inside a detention cell, even during the hours of stay or at night), thenIn the existence of such circumstances, it cannot be said that the limitations with regard to the interrogation of a minor at night apply here. Our case can be inferred from the aforementioned criminal appeal 481/12, where there was a reference to the joint residence of a minor in a detention cell with an adult informant who is a police officer; An action that has been recognized by case law as permissible and does not contradict the purpose of the provision of section 13 of the Youth Law. Therefore, from the same ruling, it is possible to derive an equal decree for our case and reach the same conclusion even with regard to the existence of an interrogation exercise (in the form of dubbing) even at night, as stated above, against the background of the nature and uniqueness of the act of dubbing. At the same time, it seems that in such circumstances, there is an increased obligation to protect the rights of the interrogee, especially when the minor is involved.
- As part of the hearing before us, The question arose - Was it possible to postpone the dubbing the next day?? Admittedly, The dubbing process was conducted in relation to the defendant/Minor, After a long and exhausting day of several consecutive investigations, Hidden and Visible; They began with the dubbing of trees to a great extent that was done in the middle of the city of Afula, The Mishkan - upon his arrest and bringing him for interrogation before interrogator Ben Lulu and afterwards, The drive to Hadera while interrogating him during that trip (Throughout the entire process, he told his interrogators that he was tired, Hungry and exhausted) And all this without the defendant meeting with his parents and/Or talk to them (It should be emphasized, Preventing the meeting with the parents does not necessarily come from improper motives). At the same time, I don't see anything wrong, The very existence of the interrogation exercise, At the time of the. The impropriety that adheres to the act of dubbing relates to a variety of considerations, The same convention later, that are not necessarily rooted in the act of dubbing.